Taraba: A’Court upholds election of Gov Kefas, strikes out NNPP’s petition
Gov Kefas Agbu
By Ikechukwu Nnochiri, Abuja
The Court of Appeal sitting in Abuja, on Tuesday, affirmed the election of Governor Agbu Kefas of Taraba State.
The appellate court, in a unanimous decision by a three-member panel of Justices, dismissed an appeal the New Nigerian Peoples Party, NNPP, and its candidate, Prof. Sani Yahaya, filed to challenge the outcome of the governorship election that held in the state on March 18.
Though the panel was led by Justice Chioma Nwosu-Iheme, the lead judgement of the court was read by Justice Peter Affen. The court held that it found no reason to set aside the verdict of the Taraba State Governorship Election Petition Tribunal, which had on September 30, declared Kefas of the Peoples Democratic Party, PDP, as the bonafide winner of the gubernatorial poll.
However, the appellate court faulted the tribunal for not striking out the petition the NNPP and its candidate brought before it, stressing that it was legally incompetent.
According to the apex court, whereas the petitioners, in one breath, sought the nullification of the governorship poll
on the premise that it was invalid by reason of non-compliance with provisions of the Electoral Act 2022, they also turned around and prayed to be declared winner of the same election.It held that the petitioners sought both prayers, together, as main reliefs, instead of as alternative reliefs.
The appellate court held that reliefs the petitioners sought from the tribunal were “patently incongruous”, saying there was no legal or factual pedestal for a litigant to make inconsistent prayers at the same time.
More so, the court held that even if one of the prayers came as an alternative relief, the petitioners ought to have anchored it on separate facts.
It held that the legal misadventure of the petitioners was based on their “misapprehension of section 136 of the Electoral Act 2022.”
It held that the tribunal ought to have upheld a preliminary objection that was filed before it by Governor Kefas and strike out the petition for being incompetent.
Consequently, it vacated a portion of the judgement of the tribunal that dismissed Governor Kefas’ preliminary objection and accordingly struck out the petition for want of competence.
In the overall analysis, the appellate court held that the appeal lacked merit and dismissed it.
It will be recalled that the Independent National Electoral Commission, INEC, had on March 21, declared PDP’s Kefas, a retired Nigerian Army Lieutenant Colonel, as winner of the governorship contest.INEC announced that Kefas polled a total of 302,614 votes to defeat his closest rival, Prof. Yahaya of the NNPP who scored 202,277 votes.
However, dissatisfied with the outcome of the election, the NNPP and its candidate approached the tribunal, alleging that the poll was not validly conducted.
They equally alleged that Kefas was not duly elected by majority of lawful votes cast at the election.
While seeking the withdrawal of the Certificate of Return that was issued to Governor Kefas by INEC, the petitioners, prayed to be declared winner of the contest, insisting that they satisfied all the constitutional requirements.
Meanwhile, in a unanimous judgement, the Justice JG. A. Sunmonu-led tribunal dismissed the petition.
Vanguard Media Limited, Nigeria